EL CERRITO — The Planning Commission last week turned back another appeal by a pair of environmental activists of a highly contested condominium project, likely sending the matter back to the City Council.

Property owner Edward Biggs of Albany wants to build a 40-foot-high, 14-unit condominium structure on the half-acre property at 1715 Elm St., while restoring the 117-year-old Rodini house and moving it to a location at the rear of the site.

The latest appeal by residents Howdy Goudey and Robin Mitchell, this time challenging Design Review Board approval of the project’s final design in January, was denied by a 5-2 Planning Commission vote Wednesday. Immediately after the vote, Goudey announced plans to appeal that decision to the council.

The council in August rejected a previous appeal of the project planned for a lot at 1715 Elm St. by a 4-1 vote.

Goudey and Mitchell have objected to several aspects of the project, arguing that the size of the condo building would diminish the significance of the historic house and that both structures would be positioned too close to an exposed creek segment running through the property.

Goudey said most of his hopes for appealing to the council hang on concerns about water quality and flooding posed by building close to the creek while maintaining the narrow waterway in its current state as a rock-lined channel.

“Numerous references to creek restoration and riparian buffers are called out as highly valued in the city’s general plan,” Goudey said in his presentation to the Planning Commission. “While the claim was made that this project meets those creek goals, this plan’s neglect of, and imposition on, the creek is clearly a failure to embrace these strongly stated values.”

Councilman Greg Lyman ultimately voted to uphold the previous appeal in August. But his vote came only after he tried unsuccessfully to sway his colleagues in favor of asking Biggs to restore the waterway to its former state as a natural, meandering creek before the Rodini family created the rock-lined channel a century ago.

A creek restoration would force the developer to create a wider channel that would allow less space for development.

“Restoration does not have to be completed by the developer, but there should at least be room to complete a future restoration,” Goudey contended.

The Bay Area Regional Water Quality Control Board has also weighed in on the matter, according to Goudey, stating in a letter to the developer that “we would like you to modify the site design retaining a minimum of … 10 to 13 feet on both sides of the channel … in a natural state.”

Mark Friedman, Janet Abelson and Jan Bridges, who voted to deny the previous appeal in August, remain on the council. Rebecca Bennasini, who spoke strongly in favor of the project’s value as infill housing near a BART station, did not run for re-election in November and was replaced by Gabe Quinto.

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